Ken Clarke, the Justice Secretary, and Theresa May, the Home Secretary, became
embroiled in a public human rights row about a pet cat at the Tory
Conference in Manchester.

Theresa May and Ken ClarkePhoto: REUTERS/GETTY

By Christopher Hope, and James Kirkup

8:00PM BST 04 Oct 2011

The two senior ministers publicly differed over Mrs May’s claim that an illegal immigrant was able to avoid deportation because he owned a cat.

Mrs May told party members: “We all know the stories about the Human Rights Act: the violent drug dealer who cannot be sent home because his daughter – for whom he pays no maintenance – lives here; the robber who cannot be removed because he has a girlfriend.”

She added: “The illegal immigrant who cannot be deported because – and I am not making this up – he had a pet cat.”

Moments after Mrs May finished speaking, her claims about the HRA – and particularly the cat case -- were publicly disputed by Mr Clarke at a Daily Telegraph fringe meeting.

Mr Clarke told 400 guests and party members: “These are British cases and British judges that she is complaining about. I cannot believe that anyone has had deportation refused on the basis of owning a cat.

“I will have a small bet with her that no one has ever been refused deportation on the grounds of ownership of a cat.

“Any such as is nothing to do with the Human Rights Act and the European Convention on Human Rights.”

The HRA, which incorporates into British law the European Convention on Human Rights, is one of the flashpoints of the Coalition Government.

Many Conservative ministers, say it is widely misused to help criminals and others escape justice, while its defenders – including Liberal Democrats and Mr Clarke -- insist it is misunderstood and should stay in place.

Mrs May is thought to have been referring to an Asylum and Immigration Tribunal case in December 2008, concerning a Home Office attempt to deport a Bolivian.

During the appeal against deportation, the unnamed Bolivian argued that the fact that he and his British girlfriend had bought a cat together was one of several factors proving he had an established family life in the UK and should be allowed to remain.

His lawyer said the cat was “ne detail provided, among many” to make the case.

The court judgment in the case did make reference to the applicant’s cat, saying the animal “need no longer fear having to adapt to Bolivian mice.”

However, sources close to Mr Clarke insisted that was an example of “judicial humour”.

The Home Office actually lost the case, they said, because it had failed to follow its own guidance for dealing with immigrants who are the unmarried partners of British residents.

Mrs May later appeared to suggest a retreat over the cat. On World At One, BBC Radio 4 she said: "The things I said in my speech were checked before they went in my speech but if somebody has said that there is a different situation, then obviously we will look at the quote that has come out and we’ll have another look at the case."

Article Eight of the European convention, which ensures the right to a family life, has been cited by some foreign criminals fighting expulsion from Britain.

Mrs May told the conference she will change the rules to make it harder for foreign criminals to invoke Article Eight to escape deportation, and repeated her call for the HRA to be scrapped.

Asked if he agreed with that call, Mr Clarke said: “She was giving her opinion – we all have those. It was not my opinion, as it happens.”